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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Small Town Radio, Inc. ) File No.: EB-02-AT-
291
) NAL/Acct. No. 200332480007
Licensee of Station WDGR(AM) ) FRN 0005-0483-35
Dahlonega, Georgia )
FORFEITURE ORDER
Adopted: January 31, 2003 Released:
February 4, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of fifteen thousand
dollars ($15,000) to Small Town Radio, Inc. (``Small
Town''), licensee of Station WDGR(AM), Dahlonega,
Georgia, for willful and repeated violation of
Sections 11.35(a) and 73.49 of the Commission's Rules
(``Rules'').1 The noted violations involve Small
Town's failure to maintain operational emergency alert
system equipment and failure to enclose the station's
antenna tower within an effective locked fence.
2. On November 13, 2002, the District Director of the
Commission's Atlanta, Georgia Field Office (``Atlanta Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $15,000 to Small Town.2 Small Town has not filed a
response to the NAL. Based on the information before us, we
affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Small
Town Radio Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount
of $15,000 for willfully and repeatedly violating Sections
11.35(a) and 73.49 of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.5
Payment shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200332480007, and FRN 0005-0483-35. Requests for
full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.6
5. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Small Town Radio, Inc., 12600 Deerfield
Parkway, Suite 100, Alpharetta, Georgia 30004.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 11.35(a) and 73.49.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332480007 (Enf. Bur., Atlanta Office, released July November
13, 2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.